Wills/Intestacy

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M1313 A: Procedure for ecclesiastical sequestrators in handling intestate goods to pay debts. Leicestershire. Margaret who was the wife of James Spigurnel v. John de Horbelyng, Master William de Hale parson of Folkingham, Master Adam de Seyntboys parson of Neubolde Verdun, Remigius Meulers de Dadlington, Simon son of Richard de Dadlyngton, John le Chaumpioun, Walter de Salby, Ralph Cole, William Hardying, William de la Sale, William Michel, Robert Michel, Walter Aleyn, Thomas Cole, Alice Foryoun, Simon her son, Robert Alybon, John Gylofre, Richard Seynior, & Nicholas son of Anabilla de la Sale de Dalynton. [1]

T1315 A: In London, where one could leave tenements by will, the mayor and aldermen first delayed probate of a will and then delayed enrollment and execution of the will. Case brought by William de Burgh and Margery his wife, executors of Edmund Horn. [2]; [3]; [4]

T1315 B: William le Forester v. William Segar chaplain. Trespass taking of goods and chattels at Basingstoke; not guilty plea. Verdict: "A certain Juliana wife of the abovesaid William le Forester and mother of the abovesaid William Segar chaplain languishing in extremis by license of the abovesaid William her husband executed a testament and after her testament thus executed ordered a certain one her maid to deliver to the aforementioned William Segar then present 10 p.s. that was under the same Juliana's head to celebrate for her soul, which certain maid delivered the abovesaid money to the same chaplain, the aforementioned William le Forester then wholly ignorant of this, but when he preceived that gift, he did not accept it. Asked if the abovesaid 10 p.s. were contained in the testament, they say no. Damages if any: 20s." adjourned to Michaelmas term without judgment. [5]

T1316 A: Right to devise by will in Cambridge. Walter de Spaldyng v. Guy le Spicer, John Tuillet, Richard de Thakstede, Adam de Bungeye, and Geoffrey de Wardeboys, bailiffs of Cambridge. Concerning the will of Alan de Spalding, the bailiffs declined to probate the will because Alan was not a burgess, whereas the privilege was granted to the burgesses. This was considered a frivolous reason, since the privilege was not personal to the burgesses but general. Nevertheless, since the writ did not track the words of the charter, the case was dismissed. [6]

1325:

T1342. Norfolk. Presentments for extortion in the probate of wills in Norfolk. [7] rcp

M1342. Yorkshire. Presentment of John de Honyngton chaplain and Robert de Plasceby chaplain for conspiracy to fabricate false wills and to inform falsely witnesses to prove wills and other legacies before ordinaries to the disinheritance of heirs. [8] rcp

T1343 A: Buckinghamshire. Presentment that Ravinonus procurator of the archdeacon of Buckinghamshire commonly took for the acquittance of a will sometimes 2s, sometimes 40d to the use of the archdeacon by color of his office by extortion. Superseded because of the king's agreement in parliament. [9] rcp

T1343 B: Cumberland. Relation of contents of the will of Ralph late bishop of Carlisle and its execution. The will left theology and canon law books or equivalent money along with agricultural stock to his chapel, and the executors detained. [10], [11], [12] rcp

T1343 C: Warwickshire. William son of Nicholas Trymenel knight v. John Trymenel knight. Trespass: taking of goods worth 60s at Morton Daubeney (80 quarters of wheat, 80 quarters of barley dredge, 13 quarters of beans and peas) salted meat of oxen and pigs, hay, forage, and household items worth 60 ps. Plea of not guilty for most, but as to some of the goods defendant says that Nicholas died seised of the manor of Morton Daubeny and the goods were found there. No executor came forward to prove a will or to act as administrator. The sequestrators thus took the goods as the goods of an intestate and committed them to John Trymenel to administer them for the soul of Nicholas as it seemed best to him. John thus adminstered them. [13] rcp

M1343 A: Yorkshire. Presentments for extortion in the probate of wills. [14] rcp

M1345 A: Suffolk. Presentment at Ispwich in 19 Edward III that Master John de Fyntone official of the bishop of Norwich in 13 Edward III extorted money for the probate and final accounts of wills, with details. [15] rcp

T1347 A: Novel disseisin. John son of Giles Rote de Asheby Mars v. Roger de Daventry and Joan his wife, Thomas son of John Hegham, and Robert Wylymot de Daventry. Concerning the right of people who buy land in Northampton to devise it by will. [22] rcp

H1349 A: Yorkshire. Presented that Master John de Kyrketon of South Burton dean of Beverley and sequestrator of Holdernesse of the archbishop tok by extortion from all wills probated before him up to the sum of 20 p.s. He made fine with the king. And he took 5s by extortion from the will of John de Hill in Skiytteby in 16 Edward III [23] rcp

H1349 B: Yorkshire. Presented that William de Hudelston sequestrator of the archbishop takes from wills containing 40s either 5s or 6s, whereas he ought to have only 2s, in oppression of the people. He made fine. [24] rcp And another presentent tha Hudelston took from John Cather(--) 4s for the probate of his wife's will, from Henry le Barker 5s, from John le Pynder 5s, from Adam son of Richard de Neuson 5s, from Edmund de Horton 40s, and thus from all people who had wills to probate. [25] rcp

H1349 C: Yorkshire. Presented that Richard de London of Beverley sequestrator of the archbishop of York in the East Riding and other officials cited the burgesses of Scarborough to the extreme limits of the diocese by taking 40s for the probate of wills, sometimes more sometimes less at their will; they customarily had paid only 30d for the probate of a single will according the synodal statute late approved. [26] rcp

H1349 D: Yorkshire. Presented that John de Stokesley sequestrator of Ryedale Cleaveland and offical of the dean of Pickering was unwilling to grant to anyone the administration of the goods of the dead for less than 5sd or a half mark where a testament did not reach the value of 20s and although people were accustomed to pay for a testament that reached 20 p.s. only 2s or less. He made fine. [27] rcp

H1349 E: Yorkshire. Presented that John de Burton sequestrator of Estrington extorted money from all who came before him for probate of wills: he took 13s4d for the probate of the will of Roger Swan and 40s for the probate of the will of John Raper. He made fine. [28] rcp

H1349 F: Yorkshire. Presented that Master John de Aldfeld and Master Gilbert de Welton clerks and ministers of the archbishop of York took for probate of a will exceeding 10 p.s. "100s, 10 marks, 20 marks" by extorsion, more or less and at will, whereas their predecessors were accustomed to take for probate of each will 2s6d only from time immemorial; and they pursued them for payment. [29] rcp

H1349 G: Yorkshire. Presented that John Buctrout de Masham farmer of the prebends of Masham and Neubald, which prebends have ordinary jurisdiction practiced extortion for 10 years at the chapters of the prebends. For a will that extended to 100s he took 100s; for a will that extended to 10 p.s., he took 10 p.s., and thus it was presented that he took more for the probate of a will than the chattels of the deceased were worth. Over the ten years he took more than 500 p.s. And he was also a common forestaller in Masham of all goods. He was also a common usurer, taking for the loan of 20 p.s. 30p.s., as from the abbot of Fountains and Jervaulx and many other abbots and priors. He made fine. [30] rcp

H1349 H: Yorkshire. Presented that Master John de South Burton former sequestrator of the archbishop of York took from Isabela late executrix of Thomas son of Martin de Barton for probate of the will 8s and for the acquitance of Thomas at the tiime of the account 8s and he took from Robert Haukayn executor of Wymark late wife of William Haucayn for probate of the will 5s by extortion. [31]

H1349 I: Yorkshire. Presented that Adam vicar of Berdesay dean of Aynsty, Ripon, and Sherburn and William de Hudeleston his clerk took for the probate of wills and for the render of the account of wills more than they ought, to wit, from wills that reached to 30s, 5s. [32] rcp

H1349 J: Yorkshire. Presented that Richard Tut dean of Pontefract took for the probate of a will and for the account of a will that reached 30s, 5s. [33]

H1349 K: Yorkshire. Presented that John de Stokesley sequestrator took by extortion from Thomas Sturmy 20s for the probate of the will of John del Hake in 1346 and 10s from Thomas Benes 10s for probate of the will of John son of Roger de Cotum. [34]

H1349 L: Yorkshire. Presented that John de Karleton of South Burton dean and sequestrator of the archbishop took for probating of the will of Richard Grayberd of Beverley 8s; he thus commonly took from wills he probated, to a sum of 20 p.s. [35]

E1349 A: Yorkshire. Presented that Master John de Craven official of Richmond took 100 p.s. by extortion. Inter alia, whereas formerly officials took 12d or at most 18d for the probate of a will, Craven took a half mark or 10s. Later in the same presentment, it is presented that he took from each will probated before him 30d and from each pound contained in the will 12d and for the acquittance 30d and thus from each will 5s even though the goods of the deceased did not exceed 20s. [36] rcp

E1349 B: Lincolnshire. Richard of Burton upon Stather official of the archdeacon of Stowe labored many for probate of wills and acquittances and took money at will by extortion. He took from William atte Kirke a mark in 1348 and from many others. [37] rcp

1350:

T1350 A: Presented that Master John de Leeke parson of Bennington and sequestrator of the bishop of Lincoln, among other extortions, vexed the vicar of Barton and Alice the wife of John Skire for probate of the will of John Skire and took from them 100s--and also from many others. He made fine with the king. [38]

T1358 A: Presented that Robert de Shirwode official of DOrset took from many names individuals too much for the probate of wills by extortion. [39] rcp

M1362 A: Assize of novel disseisin. Defendants pleaded that Thomas Shillyng was seised of his lands in Selby and devised the land in his last will to the defendant wife and that the lands in Selby are devisable whenever they acrrued to a person as acquests. Juries found that the tenant had not devised. [40]